4939.03
Prohibited conduct concering public ways.

(1)
No person shall occupy or use a public
way without first obtaining any requisite consent of the municipal corporation
owning or controlling the public way.

(2)
Except as otherwise provided in division
(C)(5) of this section, a municipal corporation, not later than sixty days
after the date of filing by a person of a completed request for consent, shall
grant or deny its consent.

(4)
If a request by a person for
consent is denied, the municipal corporation shall provide to the person in
writing its reasons for denying the request and such information as the person
may reasonably request to obtain consent.

(5)
Except in the case of a public utility
subject to the jurisdiction and recognized on the rolls of the public utilities
commission or of a cable operator possessing a valid franchise awarded pursuant
to the "Cable Communications Policy Act of 1984," 98 Stat. 2779,
47 U.S.C.A.
541 , a municipal corporation, for good cause
shown, may withhold, deny, or delay its consent to any person based upon the
person's failure to possess the financial, technical, and managerial resources
necessary to protect the public health, safety, and welfare.

(6)
Initial consent for occupancy or use of a
public way shall be conclusively presumed for all lines, poles, pipes,
conduits, ducts, equipment, or other appurtenances, structures, or facilities
of a public utility or cable operator that, on the effective date of this
section, lawfully so occupy or use a public way. However, such presumed consent
does not relieve the public utility or cable operator of compliance with any
law related to the ongoing occupancy or use of a public way.